The court restated the distinction between insubordination and gross insubordination in the matter of Motor Industry Staff Association and Another v Silverton Spraypainters and Panelbeaters and Others,[1] at para 31:
‘It is trite that an employee is guilty of insubordination if the employee concerned wilfully refuses to comply with a lawful and reasonable instruction issued by the employer. It is also well settled that where the insubordination was gross, in that it was persistent, deliberate and public, a sanction of dismissal would normally be justified.’
[1] (2013) 34 ILJ 1440 (LAC); [2014] JOL 31995 (LAC).
